New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 6 (6))
In this Schedule--
"member of staff" means an officer of the Commission employed under section 6
(1), other than a person employed on a temporary or casual basis.
"statutory body" means any body declared under clause 4 to be a statutory body
for the purposes of this Schedule.
"superannuation scheme" means a scheme, fund or arrangement under which any
superannuation or retirement benefits are provided and which is established by
or under any Act.
(1) If a member of staff was, immediately before being employed as a member of staff--(a) a Public Service employee or officer of the Teaching Service, or(b) a contributor to a superannuation scheme, or(c) a member of staff of a statutory body, or(d) a person in respect of whom provision was made by any Act for the retention of any rights accrued or accruing to the person as such an employee, officer or member of staff of a statutory body,the member of staff--(e) retains any rights accrued or accruing to the member of staff as such an employee, officer, contributor or member of staff, and(f) may continue to contribute to any superannuation scheme to which the member of staff was a contributor immediately before being employed as a member of staff, and(g) is entitled to receive any deferred or extended leave and any payment, pension or gratuity,as if the member of staff had continued to be such an employee, officer, contributor or member of staff during his or her service as a member of staff and--(h) his or her service as a member of staff is taken to be service as an employee, officer or member of staff for the purposes of any law under which those rights accrued or were accruing, under which the member of staff continues to contribute or by which that entitlement is conferred, and(i) the member of staff is taken to be an employee, officer or member of staff, and the Commission is taken to be the employer, for the purposes of the superannuation scheme to which the member of staff is entitled to contribute under this clause.
(2) If a member of staff would, but for this subclause, be entitled under subclause (1) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under the scheme--(a) he or she shall not be so entitled on becoming (whether on being employed as a member of staff or at any later time while a member of staff) a contributor to any other superannuation scheme, and(b) the provisions of subclause (1) (i) cease to apply to or in respect of him or her and the Commission in any case where he or she becomes a contributor to any such other superannuation scheme.
(3) Subclause (2) does not prevent the payment to a member of staff on his or her ceasing to be a contributor to a superannuation scheme of such amount as would have been payable to him or her if he or she had ceased, by reason of resignation, to be such an officer or employee for the purposes of the scheme.
(4) A member of staff is not, in respect of the same period of service, entitled to claim dual benefits of the same kind through the operation of this clause.
A person who--
(a) being a member of staff, ceases to be employed by the Commission (except through dismissal on the ground of misbehaviour), and
(b) was, immediately before being employed as a member of staff--(i) a Public Service employee or officer of the Teaching Service, or(ii) a member of staff of a statutory body, and
(c) has not reached the age at which the person would have been entitled to retire had the person continued to be such an employee, officer or member of staff,is entitled to be employed in the Public Service, as an officer of the Teaching Service or as a member of staff of that statutory body, as the case requires, at a work level and salary not lower than the level at which the person was employed immediately before being employed as a member of staff.
The Governor may, by proclamation published in the Gazette, declare any body constituted by or under any Act to be a statutory body for the purposes of this Schedule.